STATE OF MAINE UNIFIED CRIMINAL DOCKET CUMBERLAND, ss. DOCKET NO. CR 20-0181
STATE OF MAINE
v.
MATTHEW LANDRUM
Before the court is Defendant's Motion to Suppress. The court finds that the law
enforcement agents' request for identification was not a seizure and that the bag allegedly
belonging to Defendant had been abandoned permitting a warrantless search. Therefore, the
Defendant's Motion is denied.
FACTS
The basic facts are not in dispute. Two Special Border Patrol Agents, Crosby and
Gal.kowski, were on duty at the two bus stations in Portland. The Agents were part of a larger
"transportation check" that the Border Patrol conducts at bus terminals.
Defendant was a passenger on a Concord bus that stopped at the Concord station. During
this stop, the Defendant got off the bus to smoke and stretch his legs. As the passengers returned
to the bus, Agents Crosby and Galikowski stood to the side of the bus. The agents were not
blocking the returning passengers but were in a position to observe them and ask questions.
Consistent with their policies, the agents engaged in casual conversation with the passengers as
they returned to the bus.
When Defendant approached the bus, Agent Crosby called out to ask if he knew the
Defendant from somewhere. The two engaged in a brief conversation and Defendant was friendly . ....,,....~,r- 01 i'·~D r>·, cn\i(c rr:::F !?(t:.v n.J -t_,LiMu uL.:._1\. i: ... J ,_, .. ~ CCD h 1 ~ •• /....:1 .J. :ro1 L r~..,<:J•{l'? ,·,rl"..., , .., s
1 The agents then asked Defendant for identification. The agents did not block the Defendant from
entering the bus, nor did they stand in his way. Both agents testified that the Defendant voluntarily
provided his identification and his tone was cordial. The agents testified the Defendant was free
to refuse and go on his way and that people often refuse requests for identification without
consequence. Neither agent informed the Defendant that he was free to get on' the bus without
providing his identification.
When the agents ran the Defendant's ID, they found he had an active arrest warrant for a
failure to appear on a driving offense. At that point, the officers were not going to let the Defendant
get on the bus. There is no dispute that the officers had no grounds for a seizure prior to their
discovery of the warrant. There is also no dispute that, upon discovery of the warrant, there was
probable cause to arrest the Defendant.
After the arrest, Defendant was asked if he owned anything on the bus so that it could be
retrieved before the bus left. Defendant indicated that he didn't have anything on the bus.
However, Agent Crosby boarded the bus to inquire as to whether the Defendant did in fact have
possessions left on the bus. A witness indicated that Defendant had brought a bag onto the bus.
Another witness indicated where Defendant had been sitting. Agent Crosby found a bag at that
seat and held it up, asking if it belonged to anyone. No one claimed ownership.
When the agent brought the bag off the bus and showed it to Defendant, Defendant denied
ownership. However, the Defendant did make a statement of displeasure on seeing the bag. After
asking Defendant couple of times whether the property belonged to him, Agent Crosby considered
the bag to be abandoned property, searched it, and found cocaine base. Defendant was indicted
on trafficking and possession charges.
2 DISCUSSION
Defendant's motion presents two issues.
1. Did the State seize Defendant in the form of a Terry stop without reasonable
articulable suspicion when the agents asked him to provide identification.
2. Was the bag "abandoned" meaning the State could search the bag without a warrant.
1. Terry Stop
The issue here is whether a law enforcement officer's request for identification, without
more, constitutes a seizure that requires that the officers have a reasonable articulable suspicion
of criminal conduct. The parties agree that at the time of the request for identification, there was
no reasonable articulable suspicion to seize the Defendant. Therefore, the sole issue here is
whether the request for identification was a seizure for the purposes of the Fourth Amendment.
Both federal and state case law establish the following standard for what constitutes a
seizure:
"The Fourth Amendment to the United States Constitution, applied to the states through the Fourteenth Amendment, protects "against unreasonable searches and seizures." U.S. Const. amend. IV. 'An encounter between a police officer and a citizen implicates the Fourth Amendment only if the officer seizes the citizen.' State v. Moulton, 1997 :ME 228, ,r 7, 704 A.2d 361. '[N]ot all personal intercourse between policemen and citizens involves seizures of persons.' Terry [v. State ofOhio,] 392 U.S. 1, 19 n.16 (1968). The Fourth Amendment is not implicated where an officer merely approaches a person on the street or in another public place to ask questions or engage in consensual conversation. State v. Gulick, 2000 :ME 170, ,r,r 11, 1Tn.7, 759 A.2d 1085; [State v.] Moulton, 1997 :ME 228, ,r 8, 704 A.2d 361. It is '[o]nly when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen [that a court may] conclude that a seizure has occurred.' Terry, 392 U.S. at 19 n.16; see also United States v. Mendenhall, 446 U.S. 544, 553, 100 S. Ct. 1870, 64 L. Ed. 2d 497 (1980). The inquiry is objective: a court must look to 'all of the circumstances surrounding the incident' to determine whether 'a reasonable person would have believed that he was not free to leave' the encounter with the police officer. Mendenhall, 446 U.S. at 554."
3 State v. Ciomei, 2015 ME 147, ,r 8, 127 A.3d 548, 551-552.
The court, then, must determine whether the request for identification was a casual contact
to a "show of authority." The State cites federal decisions which hold that requesting a
Defendant's identification, by itself, is not a seizure. In INS v. Delgado for example, INS agents
worked their way through a factory asking workers questions. 466 U.S. 210, 212-13 (1984). The
agents asked at least one of the respondents for papers who supplied them. Id Citing
Florida v. Royer, 460 U.S. 491, 502 (1983), the Supreme Court held "that interrogation relating to
one's identity or a request for identification by the police does not, by itself, constitute a Fourth
Amendment seizure." Id at 216; see also, United States v. Encarnacion-Galvez, 964 F.2d 402,
410 (5th Cir. 1992). It is also not necessary that the officers communicate to the Defendant that he
is free to decline the request. United States v. Mendenhall, 446 U.S. 544, 555-56 (1980). The key
issue is whether the officers made any additional show of authority preventing the Defendant from
leaving.
The Defendant cited a line of cases from the Law Court that also require review. In State
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STATE OF MAINE UNIFIED CRIMINAL DOCKET CUMBERLAND, ss. DOCKET NO. CR 20-0181
STATE OF MAINE
v.
MATTHEW LANDRUM
Before the court is Defendant's Motion to Suppress. The court finds that the law
enforcement agents' request for identification was not a seizure and that the bag allegedly
belonging to Defendant had been abandoned permitting a warrantless search. Therefore, the
Defendant's Motion is denied.
FACTS
The basic facts are not in dispute. Two Special Border Patrol Agents, Crosby and
Gal.kowski, were on duty at the two bus stations in Portland. The Agents were part of a larger
"transportation check" that the Border Patrol conducts at bus terminals.
Defendant was a passenger on a Concord bus that stopped at the Concord station. During
this stop, the Defendant got off the bus to smoke and stretch his legs. As the passengers returned
to the bus, Agents Crosby and Galikowski stood to the side of the bus. The agents were not
blocking the returning passengers but were in a position to observe them and ask questions.
Consistent with their policies, the agents engaged in casual conversation with the passengers as
they returned to the bus.
When Defendant approached the bus, Agent Crosby called out to ask if he knew the
Defendant from somewhere. The two engaged in a brief conversation and Defendant was friendly . ....,,....~,r- 01 i'·~D r>·, cn\i(c rr:::F !?(t:.v n.J -t_,LiMu uL.:._1\. i: ... J ,_, .. ~ CCD h 1 ~ •• /....:1 .J. :ro1 L r~..,<:J•{l'? ,·,rl"..., , .., s
1 The agents then asked Defendant for identification. The agents did not block the Defendant from
entering the bus, nor did they stand in his way. Both agents testified that the Defendant voluntarily
provided his identification and his tone was cordial. The agents testified the Defendant was free
to refuse and go on his way and that people often refuse requests for identification without
consequence. Neither agent informed the Defendant that he was free to get on' the bus without
providing his identification.
When the agents ran the Defendant's ID, they found he had an active arrest warrant for a
failure to appear on a driving offense. At that point, the officers were not going to let the Defendant
get on the bus. There is no dispute that the officers had no grounds for a seizure prior to their
discovery of the warrant. There is also no dispute that, upon discovery of the warrant, there was
probable cause to arrest the Defendant.
After the arrest, Defendant was asked if he owned anything on the bus so that it could be
retrieved before the bus left. Defendant indicated that he didn't have anything on the bus.
However, Agent Crosby boarded the bus to inquire as to whether the Defendant did in fact have
possessions left on the bus. A witness indicated that Defendant had brought a bag onto the bus.
Another witness indicated where Defendant had been sitting. Agent Crosby found a bag at that
seat and held it up, asking if it belonged to anyone. No one claimed ownership.
When the agent brought the bag off the bus and showed it to Defendant, Defendant denied
ownership. However, the Defendant did make a statement of displeasure on seeing the bag. After
asking Defendant couple of times whether the property belonged to him, Agent Crosby considered
the bag to be abandoned property, searched it, and found cocaine base. Defendant was indicted
on trafficking and possession charges.
2 DISCUSSION
Defendant's motion presents two issues.
1. Did the State seize Defendant in the form of a Terry stop without reasonable
articulable suspicion when the agents asked him to provide identification.
2. Was the bag "abandoned" meaning the State could search the bag without a warrant.
1. Terry Stop
The issue here is whether a law enforcement officer's request for identification, without
more, constitutes a seizure that requires that the officers have a reasonable articulable suspicion
of criminal conduct. The parties agree that at the time of the request for identification, there was
no reasonable articulable suspicion to seize the Defendant. Therefore, the sole issue here is
whether the request for identification was a seizure for the purposes of the Fourth Amendment.
Both federal and state case law establish the following standard for what constitutes a
seizure:
"The Fourth Amendment to the United States Constitution, applied to the states through the Fourteenth Amendment, protects "against unreasonable searches and seizures." U.S. Const. amend. IV. 'An encounter between a police officer and a citizen implicates the Fourth Amendment only if the officer seizes the citizen.' State v. Moulton, 1997 :ME 228, ,r 7, 704 A.2d 361. '[N]ot all personal intercourse between policemen and citizens involves seizures of persons.' Terry [v. State ofOhio,] 392 U.S. 1, 19 n.16 (1968). The Fourth Amendment is not implicated where an officer merely approaches a person on the street or in another public place to ask questions or engage in consensual conversation. State v. Gulick, 2000 :ME 170, ,r,r 11, 1Tn.7, 759 A.2d 1085; [State v.] Moulton, 1997 :ME 228, ,r 8, 704 A.2d 361. It is '[o]nly when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen [that a court may] conclude that a seizure has occurred.' Terry, 392 U.S. at 19 n.16; see also United States v. Mendenhall, 446 U.S. 544, 553, 100 S. Ct. 1870, 64 L. Ed. 2d 497 (1980). The inquiry is objective: a court must look to 'all of the circumstances surrounding the incident' to determine whether 'a reasonable person would have believed that he was not free to leave' the encounter with the police officer. Mendenhall, 446 U.S. at 554."
3 State v. Ciomei, 2015 ME 147, ,r 8, 127 A.3d 548, 551-552.
The court, then, must determine whether the request for identification was a casual contact
to a "show of authority." The State cites federal decisions which hold that requesting a
Defendant's identification, by itself, is not a seizure. In INS v. Delgado for example, INS agents
worked their way through a factory asking workers questions. 466 U.S. 210, 212-13 (1984). The
agents asked at least one of the respondents for papers who supplied them. Id Citing
Florida v. Royer, 460 U.S. 491, 502 (1983), the Supreme Court held "that interrogation relating to
one's identity or a request for identification by the police does not, by itself, constitute a Fourth
Amendment seizure." Id at 216; see also, United States v. Encarnacion-Galvez, 964 F.2d 402,
410 (5th Cir. 1992). It is also not necessary that the officers communicate to the Defendant that he
is free to decline the request. United States v. Mendenhall, 446 U.S. 544, 555-56 (1980). The key
issue is whether the officers made any additional show of authority preventing the Defendant from
leaving.
The Defendant cited a line of cases from the Law Court that also require review. In State
v. Garland, the officer's request "for identification, by reason of his authority as an officer of the
law, effectively restrained the defendant's resumption of his journey and his driving away; this
police action brought into play the protections of the Fourth Amendment against unreasonable
seizures as applied to the states by the United States Constitution, Amendment XIV." 482 A.2d
139, 142 (Me. 1984). When the Law Court determined that the officer did not have a reasonable
articulable suspicion for the investigatory stop, the Court overturned the conviction based on
evidence gained as a result.
The Defendant argues that the holding in Garland means that state law is more restrictive
when considering whether a request for identification and points to the case law citing Garland
4 for support. In State v. Doucette, a request for the identification did not impede the Defendant
from continuing on his way because the defendant's van had run out of gas. 507 A.2d 590, 591
(Me. 1986). Therefore, the request for defendant's identification did not constitute a "seizure."
Then, in State v. Moulton, the Court determined that a seizure could not have occurred until the
officer requested that the defendant produce her license and registration. 1997 NIE 228, ,r 9, 704
A.2d 361. In State v. Brewer, the decision did not bear on a request for identification. Citing
Moulton and Garland, however, the Court identified that an officer's request to "an individual for
identification, including a license and registration" is an "example" of an action "that lead[s] a
reasonable person to believe that he is not free to leave." 1999 NIE 58, ,r12, 727 A.2d 352.
Finally, in State v. Ciomei, the Court addressed a case where a game warden approached a
Defendant and asked him "what was going on." 2015 NIE 147, ,r 9, 127 A.3d 548,552. The Court
found no seizure because there was no evidence that the warden "made any request of, or issued
any order to," the defendant. The Court distinguished Garland, "because, in that case, the officer
effected a seizure by asking the driver for his identification, whereas in the present case, the warden
merely announced his presence to" the defendant. Ciomei, 2015 l\lIB 147, ,r 9, n. 7., 127 A.3d 548.
Garland and some of the post Garland cases use language that suggests a request for
identification is a seizure. On the other hand, Law Court decisions also support an argument that
the court should follow the federal precedent and consider all of the factors rather than stop the
analysis at whether the officer requested written identification. The Law Court has specifically
cited United States v. Encarnacion-Galvez for the proposition that there is no seizure when agents
asked for identification. Brewer, 1999 NIE 58, ,r 11, 727 A.2d 352. The Law Court has also
considered an officer's tone ofvoice when distinguishing between "a polite request or a command"
when determining whether an officer's communication is an order and a seizure. State v.
5 Patterson, 2005 ME 26, ,r 13, 868 A.2d 188. (addressing whether requesting someone to roll their
window down is a seizure). The Law Court also has also cited United States v. Mendenhall with
approval for the proposition that the court must consider whether a request for identification
constituted a demand or a request. State v. Collier, 2013 ME 44, ifll, 66 A.3d 563; citing
Mendenhall, 446 U.S. at 554-55. The Court has also listed several factors that a court should
consider when determining whether a seizure has occurred. Ciomei, 2015 ME 147, ,r 8, n.5, 127
A.3d 548.
Regardless of the sometimes-mandatory language in Garland and the cases citing it, the
court believes that the Law Court expects the court to apply all of the factors outlined by Ciomei
when determining a seizure has occurred. Based on the testimony, the court is convinced that the
agents' request was a polite request and not an order. The officers testified that the conversation
was friendly and their tone was not consistent with a demand. The court has no evidence to
suggest that had the Defendant declined to produce his identification, he would not have been
permitted to proceed on the bus. The agents testified that refusals happen all the time. The agents
did not block the route to the bus but stood to the side. The agents were not required to tell the
Defendant that he is free to go at the time they asked for identification. The only factor that
suggests the Defendant would not feel to go was that the officers were uniformed and armed. That
alone is not enough to turn a request for identification into a seizure.
Given these facts, the court cannot find that the agents made a mere request for the
identification. A mere request does not constitute an order. With a mere request, Defendant was
free to go. Therefore, the court is persuaded the state has met its burden to show that the agent's
request for identification was not a seizure. If there was evidence that the request for an ID was
6 expressed as an order, the result would be different. However, because the request for the license
was not a seizure, the Motion to Suppress based on the stop is denied. 1
2. Search of the Bag.
This issue is easier to resolve. An exception to the requirement that the State obtain a
warrant to search a bag is found when the search is incident to an arrest. The Defendant argues
that the search of the bag was outside the scope of a search incident to an arrest. The court agrees
that the bag was not within the Defendant's reach and it bore no relation to the warrant on which
Defendant was retained. The exception to the requirement for a warrant for search incident to
arrest does not apply here. State v. Pagnani, 2018 l\ffi 129, ,r,r 20-22, 193 A.3d 823.
The State, however, does not rely on the search incident to arrest exception for their
warrantless search of the bag. Instead, the State takes the position that a warrant was not required
because Defendant had abandoned the property. "Abandonment is primarily a question of intent,
and intent may be inferred from words spoken, acts done, and other objective facts." State v.
Philbrick, 436 A.2d 844, 854 (Me. 1981). The typical abandonment case is one where the
defendant purposefully discards weapons or contraband in order to discard or disassociate himself
from it while the police are approaching. Id at 855.
This case is a clear case of abandonment. The states' witnesses testified unequivocally that
Defendant repeated on several occasions that he did not own the property. The case is
distinguishable from State v. May, 608 A.2d 772, 775-76 (Me. 1992) in which the defendant had
merely shrugged when asked about why his wallet was missing. Compare, id. at 776; citing United
1 The court notes that the State could have argued that "the discovery of a valid arrest warrant was a sufficient intervening event to break the causal chain between the unlawful stop and the discovery of drug-related evidence." Utah v.. Strieff, 136 S. Ct. 2056, 2061 (20 l 6)(holding that discovery of the warrant attenuated the illegal stop). Because the court concludes the stop was legal, the court does not reach this issue.
7 States v. Lee, 916 F.2d 814 (2nd Cir. 1990) (defendant's repeated denials when asked whether he
owned checked suitcase amounted to abandonment); with United States v. Lewis, 287 App. D.C.
306, 921 F.2d 1294 (D.C. Cir. 1990)(bus passenger's voluntary denial of ownership of bag in
overhead rack constituted abandonment); United States v. Lucci, 758 F.2d 153 (6th Cir. 1985). As
such, the court finds the state met its burden to show that Defendant had disassociated himself
from the bag and had disclaimed ownership of the bag. Therefore, the property was abandoned.
The Defendant's Motion to Suppress is DENIED.
DATE: /'t.,b "12t)L/ ' Thomas R. McKean Justice, Maine Superior Court
8 ST ATE OF MAINE CRIMINAL DOCKET VS CUMBERLAND, ss. MATTHEW LANDRUM Docket No CUMCD-CR-2020-00181 25 CLARK STREET GREENE ME 04236 A True Coov DOCKET RECORD DOB: 06/12/1974 Attr,~ ~ i · · ' ,-,, '· ... ~ • ·. . / ,:t·, .:··. .,..,~ .I . •• • ·'. .• . ,/: · ' .,
Attorney: VERNE PARADIE State's A ttorney : JONATHAN SAHRBECK PARADIE & RABASCO PA ~ierk of Courts 217 MAIN ST SUITE 400 LEWISTON ME 04240 APPOINTED 11/09/2020 Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 01/10/2020 Charge(s) 1 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 01/09/2020 PORTLAND Seq 11550 17-A 1105-A(l)(B)(l) Class A
2 UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS 01/09/2020 PORTLAND Seq 8541 17-A 1103(1-A)(A) Class B Charged with INDICTMENT on Supplemental Filing.
3 UNLAWFUL POSSESSION OF SCHEDULED DRUG 01/09/2020 PORTLAND Seql3149 17-A 1107-A(l)(A)(2) ClassB Charged with INDICTMENT on Supplemental Filing .
4 UNLAWFUL POSSESSION OF COCAINE BASE 01/09/2020 PORTLAND Seq 13376 17-A 1107-A(l)(B)(3) Class C Charged with INDICTMENT on Supplemental Filing.
Docket Events: 01/10/2020 FILING DOCUMENT- CRIMINAL COMPLAINT FILED ON 01/10/2020
01/10/2020 Charge(s): 1 HEARING - INITIAL APPEARANCE SCHEDULE OTHER COURT ON 01/10/2020 at 01 :00 p.m. in Room No. 1
PORSC 01/10/2020 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON O1/10/2020 THOMAS E DELAHANTY II, JUSTICE DA: CARLOS DIAZ Defendant Present in Court FTRl 01/10/2020 Charge(s): 1 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 01/10/2020
01/10/2020 BAIL BOND- $1,000.00 CASH BAIL BOND SET BY COURT ON 01/10/2020 THOMAS E DELAHANTY II, JUSTICE OR 2500.00SS OR PR AND MPTSC AND PR 01/10/2020 MOTION - MOTION FOR APPOINTMENT OF CNSL MADE ORALLY BY DEF ON 01/10/2020
01/10/2020 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 01/10/2020 THOMAS E DELAHANTY II, JUSTICE COPY TO PARTIES/COUNSEL 01/10/2020 Party(s): MATTHEW LANDRUM ATTORNEY - APPOINTED ORDERED ON 01/10/2020
Attorney: NICOLE GRAY 01/10/2020 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 04/22/2020 in Room No. 7
CR-200 Page 1 of 4 Printed on: 02/05/202